ML20153E675
| ML20153E675 | |
| Person / Time | |
|---|---|
| Issue date: | 09/17/1998 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Bryan R SENATE |
| Shared Package | |
| ML20153E678 | List: |
| References | |
| NUDOCS 9809280205 | |
| Download: ML20153E675 (2) | |
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/# UNITED STATES On:
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, % b...* September 17, 1998 CPaperiello, NMSS CHAmMAN TMcCartin, NMSS KCyr, OGC EMerschoff, RIV GT980481 ED0 r/f The Honorable Richard H. Bryan United States Senate Washington, D.C. 20510-2804
Dear Senator Bryan:
I am responding to your letter dated July 21,1998, expressing concern about public perception in Nevada regarding standards used to judge the safety of high-level radioactive waste (HLW) disposal at Yucca Mountain (YM). Your letter also indicates that evaluatione of the " suitability" of the proposed repository should be fair, independent, and objective. I address these concerns in the context of the U.S. Nuclear Regulatory Commission's (NRC) activities below.
In response to your concerns, the fundamental goal of NRC's HLW activities is the protection of the public health and safety. We will accomplish this goal by conducting a comprehensive program that includes: (1) adopting implementable, performance-based, site-specific regulations that ensure that the public health and safety are cleary protected; (2) evaluating the performance of the geologic repository against those regulations and ensuring the evaluations are defensible; and (3) providing ample opportunity for stakeholders to participate in NRC's rulemakings and review processes.
With respect to' developing performance-based regulations for YM, NRC is required by the Energy Policy Act of 1992 to modify its technical requirements and criteria under Section 121(b) of the Nuclear Waste Policy Act to be consistent with the U.S. Environmental Protection Agency's (EPA) yet-to-be-released site-specific YM standard. NRC staff continues to work with EPA to set standards for the proposed repository at YM that are both implementable and I
adequately protective of public health and safety and the environment. Although NRC and EPA have discussed the need for pathway-specific requirements, such as separate critaria for [
ground water, NRC continues to believe that protection of the public is fully afforded by an all-pathways dose limit. Ground water protection is considered in such a limit, because ground water transport is the dominant route of potent lal exposure to members of the public.
p On behalf of the Commission, I noted NRC's position in my July 30,1998 testimony before the Senate Subcommittee on Clean Air, Wetlands, Private Property, and Nuclear Safety. NRC '
l fundamentally disagrees with the need for a separate gro..nd water standard, because there is l no public health and safety reason to single out one patt uay for a separate dose limit.
Accordingly, the Commission directed the staff to develop a dose-based, all-pathways standard, l'
- not to includa a separate ground water limit in its site-specific regulations. The proposed rule is scheduled for Commission review in the fall of this year and will subsequently be issued for public comment.
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2 NRC is also firmly committed to ensuring a f air and objective evaluation of the YM site as a possible repository. NRC believes its licensing process, which assures a thorough and independent review of the U.S. Department of Energy's (DOE's) license application, will ensure a fair and defensible consideration of allissues relevant to repository performance. To this end, NRC has focused its HLW program on resolving the ten key technicalissues considered to be most critical to determining the repository's ability to protect the public health and safety. Issue resolution status reports (IRSRs) document NRC's views on DOE's progress toward resolving these key issues for the proposed repository at YM. IRSRs are provided to all interested parties, including the State of Nevada, to promote an open discussion of the scientific and engineering issues important to protecting the public. I also encourage Nevadans and other stakeholders to submit comments on NRC's proposed rule for YM.
I trust this reply responds to your concerns. NRC appreciates and welcomes your comments as well as comments from others in the State of Nevada on the effectiveness of these activities. 1 l
Sincerely,
. 'J$~ .,f ,,. j Shirley Ann Jackson I
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The Honorable R. H. Bryan 2 independent review of the U.S. Department of Energy's (DOE's) license application, will ensure a fair and defensible consideration of all issues relevant to reposito performance. To this end, NRC has focused its HLW program around resolving the nine ke echnicalissues considered to be most critical to determining the repository's ability to prote e public health and safety.
Issue resolution status reports (IRSRs) document NRC's v' s on DOE's progress toward resolving these key issues for the proposed repository M. IRSRs are provided to all interested parties, including the State of Nevada, to mote an open discussion of the scientific and engineering issues important to protecting th ublic.
I trust this reply responds to your concerns. RC appreciates and welcomes your comments as well as comments from others in the Sta of Nevada on the effectiveness of these activities.
Sincerely, l
This correspondence addresses policy issues previously resolved by the Commission, transmits factual information, or restates Commission policy.
DISTRIBUTION: EDO G980481 File Center Only PAHLr/f NMSS r/f EDO r/f NMSS Dir r/f DWM r/f DWM t/f CPoland PTressler LCallan HThompson MWeber RJohnson KStablein JHickey JHolonich SBurns DRathbun EMerschoff, RIV SECY-CRC-98-0729 DOCUMENT NAME S:\DWM\PAHL\KIM\ BRYAN.VR1
- SEE PREVIOUS CONCURRENCE CP/ PROOFED / AUGUST 17, t 999 OFC PAHL* PAHL* Tech Ed* PAHL* OGC*
NAME TMcCartin/jeg KMcConnell EKraus by FAX MBell 8"*"""r
- DATE 8/12/98 8/12/98 8/12/98 8/12/98 8/17/98 OFC DWM* NMSS* DEDR* EDO* OCA l NAME JGreeves CPaperiello HThompson LJCallan DRathbun DATE 8/17/98 8/18/98 8/20/98 8/20/98 8/ /98 OFFICIAL RECORD COPY OCM Jackson 09// 7/98